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HomeMy WebLinkAboutMINUTES - 05181999 - C96 TO: BOARD OF SUPERVISORS FROM: William Walker, M.D., Health Services director . Contra DATE: May 18, 1999 Costa County SUBJECT: USE OF ALAMEDA-CONTRA COSTA TRANSIT DISTRICT FACILITIES FOR PARKING HEALTH ON WHEELS MOBILE CLINIC IN WEST COUNTY. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Director of the County Health Services Department or his designee, Wendel gunner, M.D. to hold harmless and indemnify the Alameda-Contra Costa Transit District for use of a portion of the District #3 bus parking lot and maintenance facility located at 2016 MacDonald Avenue, Richmond, California to park the West County "Health on Wheels" van when not in use. BACKGROUND: The "Health on Wheels" 'mobile Clinic van began serving West County on March 22, 1999. To conserve energy and reduce unnecessary wear on the equipment, the department sought a safe location in West County to park the van during those hours when it is not in use serving the public. The Alameda-Contra Costa Transit District has generously agreed to provide space for the "HOW" van in their centrally located District 3 facility in Richmond free of charge. FISCAL IMPACT: None CONTINUED ON ATTACHMENT: YES SIGNATURE: ;at �tPe RECOMMENDATION OF COUNTY ADM!NISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): 1 �61_4/ )Ae,44� ACTION OF BOARD ON MAY 18.,_1999 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS 1S A TRUE XX UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact Person: Wendel Brunner, M.D. 313-6712 CC: Health Services Administration ATTESTED MAY 18 , 1999 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND CO TY ADMINISTRATOR BY DEPUTY i 1 ar V. ..X Transit 1"ff ia: . n u "i CAROL ASINGTON AsSISTANT GENERAL COUNSEL ;F r (510)89 14831 � x 3,pages, Vie Facsimile to ' f x°923) 313-6496 firs DATE: Merck 30$ 1999 TO: D. Janssen, Contra Costa County Health Department r. FROM. Carol Belnto , ssletent General Counsel ,SUBJECT; Agreement Between AC Transit and Contra Corte County Health �epartment 'Attached is the proposed Agreement between AC Transit and the Contra Caste County Health Department. Please review the Agreement and let rye know if this okay. If so, please have the Agreement signed and return it to my attention. At that point,we will send two originals out for signature. R Your prompt attention to this matter is appreciated, COW < ,` Attachment h ^1 t N� ... I It 114" ti 1v V, 6t Neither party may assign or transfer this Agreement without the prior written consent of the other party. T Each notice that a party is required or desires to give shall be deemed to have been given when delivered or sent by certified maii, return receipt requested, or personally delivered to the addresses as follows.- FOR AC TRANSIT FOR CONTRA COSTA GGW#1T­ HEALTH 5WZII�k� General Manager Public Health AC Transit 597 Center Avenue, Suite 200A 1600 Franklin Street Martinez, CA 94553 Oakland, CA 94612 Attn: 0. Jenssen S. This Agreement may not be amended, revised or altered except as agreed by both parties and evidenced in written form executed by both parties. 9, This Agreement may be terminated at any time for any reason by written notice to the party. CCPRP shall remove its van from Division 3 within 24 hours of the termination of thisAgreament. Paragraph 5 shall survive the termination of this Agreement and shall remain in effect until CC °s van has left District's property, 9 10, This Agreement is entered into and shall be interpreted and enforced in accordance Stith the laws of the State of California, 11, This Agreement contains the entire agreement between the parties. No promise, representation, warranty or covenant not included in this Agreement has been or is relied upon by any party to it. FOR THE DISTRICT FOR THE CONTRA COSTA COUNly . HEALTH DEPARTMENT" Rick Femandez,Acting General M;;ig-—er Approved as to Form: Kenneth C. Scheidig, General Counsel Agreement Between AC Transit and Contra Cos fa_Coardy Health D#paj*"#n-r page 2 Of 2 AGREEMENT BETWEEN ALAMEDA-CONTRA COSTA TRANSIT DISTRICT AND CONTRA COSTA HEALTH SERVICES This Agreement is made this day of , 1999 by and between the Alameda-Contra Costa Transit District('AC Transit" or "District") and the Contra Costa Health Services (CCCHS). RECITALS 1. AC Transit owns and operates a maintenance facility at Division 3, located at 2016 ?MacDonald Avenue, Richmond, California, which includes a parking lot for District vehicles. 2. CCCHS desires to use District's parking lot for purposes of parking its "Health on Wheel" van when not in use by CCCHS personnel. 3> NOW THEREFORE, in consideration of the promises, covenants, and conditions contained in this Agreement, the parties mutually agree as fellows: 1. District grants to CCCHS ingress and egress on its property and permission to park its Health on Wheels van in the Division 3 bus yard parking lot at times when the van is not in use. The District may determine the specific location for parking of the van and may change the location to meet the District's needs. 2. CCCHS shall park the van in an area designated by District and secure it against unauthorized entry. 3. District personnel shall have access to the van only for the purpose of being able to move it in the event of an emergency. A duplicate set of ignition keys shall be provided to the Superintendent of the Division when the van is initially parked at Division 3. The ignition key will be returned to CCCHS on the termination of this Agreement. 4. Other than as provided in#3 above, CCCHS shall be solely responsible for the operation, repair, maintenance and servicing of the van. 5. CCCHS agrees to indemnity and save harmless AC Transit, its Board of Directors, officers, agents and employees from and against every legal claim, assertion of liability, demand,property damage, or personal injury, or bodily injury(including reasonable attorney fees and court costs), including but not limited to, claims of any kind or nature which results from the errors, acts, omissions or negligence of AC Transit, arising out of or connected in any way with CCCHS use of the Division 3 property as provided herein. Agreement Between AC Transit and Contra Costa Health Services Page 1 of 2 6. Neither party may assign or transfer this Agreement without the prior written consent of the other party. 7. Each notice that a party is required or desires to give shall be deemed to have been given when delivered or sent by certified mail,return receipt requested, or personally delivered to the addresses as follows: FOR AC TRANSIT FOR CONTRA COSTA HEALTH SERVICES General Manager Public Health Director AC Transit 597 Center Avenue, Suite 200A 1604 Franklin Street Martinez,CA 94553 Oakland, CA 94612 Attn: D. Jenssen 8. This Agreement may not amended, revised or altered except as agreed by both parties and evidenced in written form executed by both parties. 9. This Agreement may be terminated at any time for any reasons by written notice to the party. CCCHS shall remove its van from Division 3 within 24 hours of the termination of this Agreement. Paragraph 5 shall survive the termination of this Agreement and shall remain in effect until CCCHS van has left District's property. '10. This Agreement is entered into and shall be interpreted and enforced in accordance with the laws of the State of California. 11. This Agreement contains the entire agreement between the parties. No promise,representation, warranty or covenant not included in this Agreement has been or is relied upon by any party to it. FOR THE DISTRICT FOR THE CONTRA COSTA HEALTH SERVICES Rick Fernandez,Acting General Manager Wendel Brunner M.D.Public Health Director Approved as to Form Kenneth C. Scheidig, General Counsel Agreement Between AC Transit and Contra Costa Health services Page 2 of 2